Last blog added on Thursday, February 20th, 2020

Information About MF Litigation’s Blog

Recent Posts

Below is a preview of the five most recent posts from the blog MF Litigation’s Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • The Corporate Identification Doctrine & Fraudulent Misrepresentation

    In order to establish an act of fraud, as well as many other civil causes of action and criminal charges, one is required to prove knowledge or intent. Companies do not, by their nature, have the capacity for this level of cognizance. In response, the law developed the corporate identification doctr … Read more »

  • Extending the Time in Which to Seek Leave to Appeal

    The Divisional Court (ONSC) recently dealt with this issue in Amphenol Canada Corp. v. Sundaram (2020). There the plaintiff had obtained an ex parte Mareva injunction against all of the defendants in a civil fraud matter, effectively freezing their assets. The plaintiff then sought a continuation of … Read more »

  • Adding a Defendant & “Reasonable Discoverability”

    In the course of a litigation file, misapprehensions sometimes occur. When there is confusion as to the identity of the proper defendant, sometimes the need to add a new party defendant to the action arises. Depending on how far into an action the new defendant is discovered, the statutory limitatio … Read more »

  • The Modern Approach to Statutory Interpretation

    The legislation is meant to codify the laws of the applicable jurisdiction and provide guidelines and rules for courts, and society at large. However, despite best efforts on the part of those who drafted the documents, sometimes the meaning of certain clauses can be interpreted in more than one way … Read more »

  • Security for Costs

    What is an Order for Security for Costs? Granting a motion for security for costs is a discretionary remedy of the court under the Rules of Civil Procedure (the “Rules“) in favour of the defendant. The defendant will bring a motion requesting an order that the plaintiff must post security for the de … Read more »